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Research On The Improvement Of Criminal Legislation Of The Crime Of Copyright Infringement Under The Network Environment

Posted on:2020-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:H B ChenFull Text:PDF
GTID:2416330596468903Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The rapid development of Digital Networks has promoted the innovation and dissemination of knowledge and promoted the development of the Copyright Industry.However,due to the virtual nature and interactivity of the Network itself,Copyright Infringement methods have also undergone new changes,resulting in the Copyright Infringement frequently occur and present a serious trend,causing heavy losses to Copyright owners or related rights holders.In order to comply with the development of Digital Networks,other countries have made certain adjustments to the Criminal legal content and framework of Copyright Infringement,expanded the scope of Copyright protection,and improved the protection of Copyright.In contrast,the Crime of Copyright Infringement stipulated in China's Criminal Law has not been adjusted and improved,and the regulation of Copyright Infringement in cyberspace is insufficient.The Criminal Law protection of Copyright presents a certain lag,and it is difficult to cope with the new emergence of difficult problems in the Network.Therefore,in the context of the rapid development of the Internet,how to improve the Legislation on the Crime of Infringing Copyright is a question and is worth exploring.This paper explores the problems of Copyright Infringement under the current Network Environment,and combines the Legislation of other countries and regions to explore the Crime of Copyright Infringement.This article is divided into the following four sections:The first part is related concepts.It mainly includes the Network Environment and the Crime of Copyright Infringement,and analyzes relevant definitions and characteristics.The second part is the relevant Legislative situation at home and abroad in the Network Environment.The Domestic Legislation includes the Mainland,Hong Kong,Macao and Taiwan.Foreign Legislation mainly includes the current status of International Conventions,major the Continental Law Countries and the Anglo-American Countries,including the current Legal system and Legislative characteristics of relevant countries or regions and so on,and the current Domestic and International Legislation was summarized.The third part is the existing problems in the Legislation of the Crime of Infringing Copyright under the Network Environment.By combining the status quo of Domestic and Foreign Legislation,the shortcomings of current Legislation in China are summarized,including the lack of protection scope and unreasonable Penalty setting,and the corresponding of current problems are analyzing.The fourth part is putting forward some suggestions for the Criminal Legislation of Copyright Infringement.On the scope of protection,it proposes to increase the Database Works,expand the rights,and improve the Infringement acts;in the allocation of Penalties,it proposes to reduce the term of Liberty Penalty,improve the Fine Penalty and increase the Qualification Penalty.
Keywords/Search Tags:Network Environment, the Crime of Copyright Infringement, Existing Problems, Suggestions for Improvement
PDF Full Text Request
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